AmeriWater CW130 Series Operation & Installation Manual Download Page 51

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Goulds is a registered trademark of Goulds Pumps, Inc. and is used under license.

Xylem Inc.
2881 East Bayard Street Ext., Suite A
Seneca Falls, NY 13148
Phone: (800) 453-6777
Fax: (888) 322-5877
www.gouldswatertechnology.com

COMMERCIAL WARRANTY

For goods sold to commercial buyers, Seller warrants the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets,
elastomer materials, coatings and other “wear parts” or consumables all of which are not warranted except as otherwise provided in the quotation or
sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made
a part of this Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year from the date of installation or twelve
(12) months from the date of shipment (which date of shipment shall not be greater than eighteen (18) months after receipt of notice that the goods
are ready to ship), whichever shall occur first, unless a longer period is specified in the product documentation (the “Warranty”).

Except as otherwise required by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any product which fails to conform
with the Warranty provided Buyer gives written notice to Seller of any defects in material or workmanship within ten (10) days of the date when any
defects or non-conformance are first manifest. Under either repair or replacement option, Seller shall not be obligated to remove or pay for the
removal of the defective product or install or pay for the installation of the replaced or repaired product and Buyer shall be responsible for all other
costs, including, but not limited to, service costs, shipping fees and expenses. Seller shall have sole discretion as to the method or means of repair
or replacement. Buyer’s failure to comply with Seller’s repair or replacement directions shall terminate Seller’s obligations under this Warranty and
render the Warranty void. Any parts repaired or replaced under the Warranty are warranted only for the balance of the warranty period on the parts
that were repaired or replaced. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that have been:
(a) repaired by third parties other than Seller or without Seller’s written approval; (b) subject to misuse, misapplication, neglect, alteration, accident,
or physical damage; (c) used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) damaged from ordinary
wear and tear, corrosion, or chemical attack; (e) damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow;
(f) damaged due to a defective power supply or improper electrical protection; or (g) damaged resulting from the use of accessory equipment not
sold or approved by Seller. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer
any warranty received from Seller’s supplier of such products.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES,
CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND
EXCLUDED. EXCEPT AS OTHERWISE REQUIRED BY LAW, BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF
ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED
TO THE AMOUNT PAID BY THE BUYER FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY OTHER FORM OF
DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS
OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.